JILL MARELIC v. DAVOR MARELIC [2000] ScotSC 11 (25th April, 2000)

JILL MARELIC v. DAVOR MARELIC [2000] ScotSC 11 (25th April, 2000)

No special cause was shown to justify backdating an award of aliment prior to the commencement of the action. The pursuer failed to provide sufficient evidence of her own needs, resources, and earning capacity to enable the court to determine a reasonable amount of aliment for the relevant period. The defender's financial circumstances and the pursuer's higher income were relevant. Accordingly, no award of aliment was made for the period prior to the interim award, and the pursuer's craves were dismissed.

Citation
[2000] ScotSC 11
Parties
Pursuer: Jill Marelic; Defender: Davor Marelic
Jurisdiction
Scotland
Procedural Posture
Action for Aliment (child Support) Under Reciprocal Enforcement / Judgment After Proof (trial)
Outcome
Pursuer's craves dismissed; all questions of expenses reserved.
Legal Topics
Child Support, Reciprocal Enforcement of Maintenance Orders, Obligation of Aliment, Backdating of Aliment, Recognition of Foreign Divorce
Family Law Private International Law Child Support Reciprocal Enforcement of Maintenance Orders Obligation of Aliment Backdating of Aliment Recognition of Foreign Divorce

Case Brief

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Parties

Jill Marelic

Pursuer

Davor Marelic

Defender

Procedural Posture

Action for Aliment (child Support) Under Reciprocal Enforcement / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether special cause was shown to justify backdating an award of aliment prior to the commencement of proceedings
  2. 2 Whether sufficient evidence existed to determine a reasonable amount of aliment for the relevant period
  3. 3 Whether the pursuer was entitled to an award of aliment for the period prior to interim award

Ratio Decidendi

No special cause was shown to justify backdating an award of aliment prior to the commencement of the action. The pursuer failed to provide sufficient evidence of her own needs, resources, and earning capacity to enable the court to determine a reasonable amount of aliment for the relevant period. The defender's financial circumstances and the pursuer's higher income were relevant. Accordingly, no award of aliment was made for the period prior to the interim award, and the pursuer's craves were dismissed.

Court Disposition

Pursuer's craves dismissed; all questions of expenses reserved.

Orders

  • Sustains the 2nd and 3rd pleas-in-law for the defender.
  • Repels the 1st, 4th and 5th pleas-in-law for the defender.